Court quashes govt objection on Mbagala victims case

Dar es Salaam.

The High Court has thrown out an objection by the government against a case filed by victims of the Mbagala bomb blasts demanding compensation.

The plaintiffs Aulerian Temba, Athman Mtauka, Elovan Augustino and Catherine Isaya filed a civil suit against the permanent secretary in the ministry of Defence and National Service along with the Attorney General (AG). In the case, filed in 2011, the plaintiffs are opposing the ‘meagre’ compensation provided by the government after their houses were demolished by the bombs.

They are claiming that the payments were too small compared to the value of their houses and have asked the court, among other things, to order the respondents (the State) to pay them according to the valuation done by their private valuer.

However, the government filed an objection asking the court to dismiss the case on the ground that it was filed outside the time limits of filing a civil suit. However, the High Court in its decision yesterday agreed with the plaintiffs’ arguments through their advocate Edson Mkisi that the case had been filed in time and that the republic did not verify any law that supported their objection.

In his ruling, Judge Fauz Twaib said that the objection by the government lacked a legal basis.

The judge ordered the matter to proceed with the arbitration process in May 28, this year. The plaintiffs allege that the compensation paid to them and others was not enough to even buy a bag of cement, noting that some of the victims were paid money to buy bread only.

The bombs exploded on April 29, 2009, at the Tanzania People’s Defence Forces (TPDF) Camp KJ 671, causing the deaths of more than 25 people while hundreds of people were injured and many families made homeless after their houses were destroyed.

The Citizen: